Residential Complex Residents in Göttingen Unsuccessful in Court During Coronavirus Lockdown
In essence, the court decision did not support the lawsuit itself, but the residents were still permitted to push forward with their pushback against the legal fees. Rulings on legal fees serve as a crucial reference point in civil law disputes when it comes to deciding if assistance should be provided, and this is outlined in the Civil Procedure Code – assistance should only be given if there's a promising chance of success.
Back in June 2020, over 400 apartment dwellers were forced into isolation inside their homes due to a widespread Corona outbreak. The building was cordoned off with a fence and patrolled by police at times, and they were supplied with necessities by authorities during this period. Incidents of confrontations between residents and police officers were also reported.
In February 2021, more than 40 residents filed a compensation claim against the city government at the Regional Court of Göttingen and made numerous applications for legal aid to finance their court proceedings. However, the Regional Court denied legal aid to 40 of these applicants in the very same month.
The Higher Regional Court mentioned that the plaintiffs are accusing the city of acting illegally by enforcing restrictions on their freedom of movement. They've also alleged that they suffered both physically and emotionally due to the isolation, and were subject to stigma.
The Higher Regional Court, on the other hand, stated that the city acted with good intentions during the quarantine and associated measures, as there was a genuine fear of a Corona outbreak in the building, warranting the sacrifice of individual rights for the greater good.
Additionally, the Higher Regional Court explained that an unlawful confinement via fencing and police presence might not necessarily yield a compensation claim, as the plaintiffs need to prove specific damages or hardships that resulted from the confinement. However, the plaintiffs failed to demonstrate these before the Regional Court or the Higher Regional Court.
